A New Hampshire 7 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for an “incurable” violation (i.e., one which the tenant isn’t allowed an opportunity to correct), such as causing substantial property damage. The tenant must move out within seven (7) calendar days of receiving notice.
When To Use a New Hampshire 7 Day Notice To Vacate
A New Hampshire 7 Day Notice To Vacate begins the eviction process for the following tenant violations:
- Threatening the health and safety of others
- Refusal to temporarily relocate so the landlord may address a lead-based paint hazard
- Causing substantial property damage
- Failure to prepare the rental unit for pest or rodent remediation
Some types of New Hampshire lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a New Hampshire 7 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a New Hampshire 7 Day Notice To Vacate
New Hampshire landlords may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the tenant
- Leaving the notice at the tenant’s “last and usual” place of residence
Sources
- 1 NH Rev Stat § 540:2
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The lessor or owner of restricted property may terminate any tenancy by giving to the tenant or occupant a notice in writing to quit the premises in accordance with RSA 540:3 and 5, but only for one of the following reasons: Substantial damage to the premises by the tenant, members of his household, or guests. Failure of the tenant to comply with a material term of the lease. Behavior of the tenant or members of his family which adversely affects the health or safety of the other tenants or the landlord or his representatives, or failure of the tenant to accept suitable temporary relocation due to lead-based paint hazard abatement, as set forth in RSA 130-A:8-a, I.(e) Other good cause. The dwelling unit contains a lead exposure-hazard which the owner will abate by:(1) Methods other than interim controls or encapsulation;(2) Any other method which can reasonably be expected to take more than 30 days to perform; or(3) Removing the dwelling unit from the residential rental market. Willful failure by the tenant to prepare the unit for remediation of an infestation of insects or rodents, including bed bugs, after receipt of reasonable written notice of the required preparations and reasonable time to complete them.
Source Link - 2 N.H. Rev. Stat. § 540:5(I)
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Source Link
Any notice of a demand for rent or an eviction notice may be served by any person and may be served upon the tenant personally or left at his or her last and usual place of abode. … Proof of service must be shown by a true and attested copy of the notice accompanied by an affidavit of service, but the affidavit need not be sworn under oath. A notice of a demand for rent shall be sufficient if served upon the tenant at any time after the rent becomes due and prior to or simultaneously with the service of an eviction notice.
